SAKIR MOHHAMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioner challenging the judgment dtd. 6/10/2021 passed by learned Additional Session Judge, Desuri, District Pali (hereinafter referred to as 'the appellate court') in Criminal Appeal No.10/2018 by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dtd. 1/10/2018 passed by the learned Judicial Magistrate, Desuri, District Pali (hereinafter referred to as 'the trial court') in Criminal Original Case No.123/2009, whereby, the learned trial court convicted and sentenced the present petitioner as under : Offence U/s 457 IPC : Three years' R.I. and a fine of Rs.5,000.00, in default of payment of fine, further undergo one month's R.I. Offence U/s 380 IPC : Two years' R.I. and a fine of Rs.5,000.00, in default of payment of fine, further undergo one month's R.I. Both the sentences were ordered to run concurrently.

(2.) Brief facts of the case are that on 18/1/2009, complainant Mannaram submitted a written report before Police Station Rani to the effect that in the intervening night of 17/12/2009, accusedpersons unlawfully entered in his house and committed theft of gold and silver ornaments etc. On this report, the police registered the case against accused-persons for offence under Ss. 457, 380 IPC and started investigation.

(3.) On completion of investigation, the police filed challan against the accused-persons. Thereafter, the charges of the case were framed against the accused-persons, who denied the charges and claimed trial.